Full Text
HIGH COURT OF DELHI
JUDGMENT
IFFCO TOKIO GENERAL INSURANCE CO. LTD. .....Appellant
Represented by: Mr. Abhishek, Advocate.
1. Instant appeal is directed against the impugned award dated 01.04.2013, whereby the learned Tribunal has granted compensation for a sum of Rs.15,21,891/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.
2. The sole ground argued by learned counsel appearing on behalf of the appellant/Insurance Company is that on the date of accident, the deceased was 21 years of age and not in a permanent job, despite that the learned Tribunal has wrongly added 50% of the income of the deceased towards future prospect in contrary to the dictum of the Apex Court in the case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, which has been further 2014:DHC:494 affirmed by the Full Bench of the Apex Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65.
3. It is pertinent to note that thereafter the issue of future prospects has been decided by the Full Bench of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the cases of Santosh Devi Vs. National Insurance Co. Ltd. & Ors. 2012 6 SCC 421 and Sarla Verma (supra) were also considered and held as under:-
4. This Court has also applied the aforenoted dictum of Rajesh & Ors. (supra) in the case bearing MACA No.846/2011 titled as ‘ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.,’ decided on 30.09.2013.
5. Keeping in view the settled position of law, I do not find any merit in the instant appeal. The same is accordingly dismissed.
6. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the balance compensation amount alongwith upto date interest accrued thereon in favour of the respondents/claimants on taking necessary steps by them.
SURESH KAIT, J. JANUARY 27, 2014 sb